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May 24, 2014

Borrowed Features of Indian Constitution from other constitutions

Why did Indian Constitution borrow features from other Constitutions around the globe?

The Founding Fathers of the Indian Constitution were wise enough to borrow from the experience gained in the working of various other Constitutions They also kept in mind the needs and conditions of India. Nearly 75 percent of the Constitution can be said to be a reproduction of the Government of India Act- 1935 with suitable adaptations and modifications.

Following are the Important Features which were taken from Other Constitutions:

British Constitution

Parliamentary form of government

The idea of single citizenship

The idea of the Rule of law

Institution of Speaker and his role

Lawmaking procedure

Procedure established by Law

United States Constitution

Charter of Fundamental Rights

Federal structure of government

Independence of the judiciary

President as supreme commander of armed forces

Equal Protection under law

Irish Constitution

Directive principles of state policy

Australian Constitution

Freedom of trade and commerce within the country and between the states

A quasi-federal form of government —a federal system with a strong central government

The idea of Residual Powers

Constitution of the Soviet Union

Fundamental Duties u/a 51-A

A Constitutionally mandated Planning Commission to oversee the development of the economy

Other Constitutions

Emergency Provision u/a 356, Weimar Constitution

Amendment of Constitution, South Africa

Due Procedure of Law, Japan

Critics have described the Indian Constitution as a “bag of borrowings” and a “hotch potch Constitution”.

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